The first edition of Lord Stair's "Institutions" was published in Edinburgh in 1681, with a dedication to King Charles II. The second edition, with large additions, was published in 1693. The third edition, chiefly under the superintendence of Sir William Johnstone Pulteney, Bart., was published in 1759. The fourth edition was published in 1826, with commentaries, and a supplement by George Brodie, Esq., advocate. The fifth and last edition was published in 1832, with notes and illustrations, by John Shanks More, Esq., advocate.

Besides his two volumes of "Decisions of the Court of Session, from June, 1661, to July, 1681," published at Leyden in 1683 and 1687, there appeared, in 1686, a treatise by Lord Stair on Natural Philosophy, dedicated by him to the Royal Society of London, and entitled, " Physiologica · Nova Experimentalis, in quâ Notiones Generales Aristotalis, Epicuri et Cartesii supplentur, errores deteguntur, et emendantur."

In 1695, a theological work, written by Lord Stair, was published in London, under the title of, a "Vindication of the Divine Perfections, illustrating the Glory of God in them by Reason and Revelation, methodically digested into several Meditations. By a Person of Honour," and under "the superintendence of Dr. William Bates and the celebrated John Howe, who have given a preface subscribed by both, in which, after various general observations, they say, The noble author of the following discourses has obliged the wise and inquiring Christians by communicating his treasures. The clearness and vigour of his spirit are illustriously visible in managing a subject so deep and difficult. And as in the blessed God there is a union of all glorious and amiable excellences, as are perfective of our minds and attraction of our wills, so in our author's unfolding of them there is, joined with the strength of argument, that beauty of persuasion as may enlighten and engage all understanding readers to be happy in the entire choice of God for their everlasting portion. We have here an imitable and instructive example to great men, the dignity of whose stations in the world too.

commonly seems to plead an exemption from a more sedulous intention and application of mind to the affairs of religion, that have final reference to another world. This performance of the noble author shows it to be a thing not impracticable, as it is most praiseworthy, amidst the greatest secular employments, to find vacancy and a disposition of spirit to look with a very inquisitive eye into the deep things of God; which (if it were the author's pleasure to be known) would let it be seen that the statesman and the divine are not inconsistencies to a great and comprehensive mind, so as to consider them with distinction, and without confounding them or making the two spheres intersect one another, so as that, in so large a theological work, here is no mixture of political matters, except where in the nature of the things themselves they are contiguous; and were it not so, or if this work concerned policies and governments by men, it were without our compass to recommend it to the world; which, having had some taste of it, we make so much haste to do, as not to allow ourselves the pleasure of engrossing it, or of perusing it alone, till we have imparted it and made it possible to others to partake with us therein.""

Viscount Stair survived till the 15th Nov., 1695, when he died, in the 77th year of his age, and was buried in the church of St. Giles at Edinburgh.

We shall conclude this article by subjoining the account given by Professor Forbes of the works of Vicount Stair. And Professor More will, we trust, excuse us for adding his judicious view of the institutions given in his preface to the fifth edition.

"His excellent writings," says Professor Forbes, "will carry down his memory to the latest posterity. His "Institutes of the Law of Scotland,"--wherein that is compared with the canon and civil laws, and the customs of neighbouring nations, are so useful, that few considerable families in Scotland, not to mention professed lawyers, do want them. He hath therein so cleared up the spring and grounds of our law, that had been dammed up from ordinary observation by dust and rubbish, and reduced it into a sound and solid body, for which he deserves to be reckoned a founder and restorer

of our law, that if it were lost it might be retrieved, and the tenor of it made out of his excellent Institutions. He hath judiciously observed the 'Decisions of the Session' from the restoration of the sovereignty and re-establishment of the College of Justice, to its ancient constitution and splendour, till August, 1681; in which he hath not omitted any case of difficulty or importance, determined when he was present on the Bench, without expressing his own opinion when different from that of the plurality of the Lords, out of modesty and deference to their judgment. He wrote them de die in diem, commonly before dinner, when fresh in his memory; and was the more fitted to do it, that he was not a day absent during that period of twenty years, except the time of the summer session, 1679, when he attended the king by his Majesty's special order. I have seen his Physiologia Nova Experimentalis.' He wrote a treatise concerning the Royal Prerogative and the Rights and Privileges of the Subject, and some sheets in vindication of the Church Government. I do not remember to have seen them in print."

6

But

“The ‘Institutions' of Lord Stair," says Professor J. S. More, " may be regarded rather as a Treatise of General Jurisprudence, illustrated by reference to the Law of Scotland, than as a mere Digest of Municipal Law."

Perhaps the principles of contracts, or obligations, illustrated and explained, with reference to the actual business of life, have never been more ably stated, or more clearly expounded, than in this work; and nothing higher can be said for the law of Scotland, as a rational and intellectual study, than that this, the earliest of our institutional books, should still be regarded as the greatest authority in all the practical matters which it discusses. Besides being eminently practical, it has also the advantage of stating, with singular clearness, those enlarged and comprehensive views of jurisprudence by which all practical rules must be tried, and all practical questions ultimately decided: and thus, under this great master, the student of the law of Scotland, instead of being called to a mere exercise of memory, stored with precedents and authorities, is invited to the study of one of the noblest and most interesting sciences.

The great object of Lord Stair has been to explain and illustrate the principles of natural justice, with reference chiefly to the law of Scotland. His work is somewhat similar in its plan to a Treatise of Universal Grammar, where the writer, keeping in view chiefly one language, and drawing most of his illustrations from it, enables the student, not only more thoroughly to understand all the rules and principles upon which the grammar of this language depends, but also to apply this knowledge, with advantage and facility, to every other language to which he may turn his attention. And, accordingly, his Lordship has availed himself of many illustrations, drawn from various sources, and particularly from the laws of Rome and of England. The numberless references he makes to the law and practice of England, and of other foreign countries, prove how extensively he had made jurisprudence the object of his study, and furnish a practical illustration of his own remark, that "no man can be a knowing lawyer in any nation, who hath not well pondered and digested in his mind the law of the world."

ART. V.-REGISTRATION AND TRANSFER OF LAND. 1. The Social Condition and Education of the People in England and Europe, showing the result of Primary Schools, and of the Division of Landed Property in Foreign Countries. By JOSEPH KAY, Esq. M. A. of Trinity College, Cambridge; Barrister-atLaw; and late Travelling Bachelor of the University of Cambridge. In Two Vols. Longman & Co.: 1850.

2. Observations on the Social and Political State of the European People in 1848 and 1849; being the Second Series of the Notes of a Traveller. By SAMUEL LAING, Esq. Longman & Co.:

1850.

3. A Bill, intituled An Act for the Registration of Assurances in England and Wales. Presented by Lord CAMPBELL. Ordered to be printed 21st February, 1851,

4. Reports upon Registration, Simplification of Titles, Mort

gages and Sales communicated to the Home Department, by the Law Amendment Society. Ordered to be printed by the House of Lords, 18th February, 1851.

:

WE have long considered that, among the evils which the State 66 can cause or cure," are to be reckoned those which arise from the existing law relating to real property; and we have chiefly directed our attention to the remedy which may be applied to them: how these laws, embarrassing and ill fitted to the present necessities of society, may be safely and speedily rendered so; this has been, hitherto, our main inquiry but perhaps we should have devoted more space to the proof that the present laws are injurious to the best interests of society. We have been so much engrossed in demonstrating, to our own convictions at least, in what manner the real difficulties of the case, as they have often been called, could be met, that we have passed over too lightly the effects of the evils we have wished to remedy. To assist us in showing that the present law of real property is a grievance of no ordinary magnitude, Mr. Kay and Mr. Laing have oppor→ tunely published their works; and it will be easy to prove from their pages, especially those of the former, that Feudality, as left to us in this branch of our law, is the main cause of a great portion of the vice, misery, and wretchedness that exist in this country. Mr. Kay vividly contrasts the European countries, where the law relating to the transfer of land is easy, simple, and effectual, and where it is the reverse; and shows that there is a wonderful difference in the happiness of the people, which may be clearly traced to the difference of the law. Make it possible for the small tradesman, the artisan, the labourer, and the peasant to acquire land easily, to build on a part of it a house of his own, and to cultivate the remainder of the land with his own labour, and you have a thriving, honest, and industrious yeomanry: houses large, roomy, and well-proportioned; happy and contented faces,-the evidence of virtuous lives and peaceful homes. Render the acquisition of land difficult and almost unattainable to the lower classes of society, and all this is changed; the land is no less uncultivated than the minds of those who till it: low vice, in